Mbeta v R (Criminal Cause 69 of 2018) [2018] MWHC 669 (27 February 2018)

JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CRIMINAL DIVISION Homicide Cause No. 69 o f 2018 (eCM S..............of 2018) CHRISTOPHER MBETA versus THE REPUBLIC ORDER ON MOTION FOR BAIL (Kamanga, J., 27th February 2018) UPON hearing the Senior Legal Aid Advocate as well the Senior State Advocate on the applicant’s summons for release from pre-trial custody on bail; NOTING that the brief facts are to the effect that Police Officers from Mulanje District arrested the applicant, alongside four others (one Malawian national and three Mozambican nationals), for allegedly causing the death in May 2017 in Mpote Village in Mozambique of a person with albinism. AFTER CONSIDERING the affidavit sworn on 20th February 2018 in support of the application by Mr. Panyanja, the Senior Legal Aid Advocate, and skeleton arguments filed in support of the application and noting that the respondent do not object to the application but state that they intend to charge the applicant and his accomplices under the Trafficking in Persons Act; FURTHER NOTING that offences under the Trafficking in Persons Act are triable in the subordinate courts, this court is constrained to entertain this application l before the magistrates’ court has entertained and refused the same in the first instance: Sparks Jumbe v Rep [2013] MLR 424. This court declines to entertain the application and is dismissed. The applicant should proceed to make this application in the subordinate court in the first instance. Pronounced in Open Court this 27th day of February 2018 at Chichiri, Blantyre. Dorothy nyaKaunda Kamanga JUDGE Case Information Date of hearing Applicant Mr. Panyanja Mr. Chisanga Ms. Mthunzi Ms. Million 23 February 2018 present Senior Legal Aid Advocate for the applicant Senior State Advocate Principal Court Reporter Court Clerk. 2